trial from proof beyond reasonable doubt to that of preponderance of
evidence.
In the Appellant's reply brief, Appellant's counsel submitted that a party
presenting a document before a Court is presumed to be telling the Court
that the document is genuine and authentic, has passed all requirements of
law for its admissibility. Thus the Court should use the document in his
favour as part of his case and S. 34(1)(a) of the Evidence Act has made
provisions guiding weight to be attached to any statement rendered
admissible.
Counsel submitted that once the origin of a document is doubtful, a Court
cannot rely on it to find for a party. He cited Dughum v. Andzenga (2007)
All FWLR (Pt. 385) 499 at 524; Garuba v. Kwara Investment Co. Ltd
(2005) All FWLR (Pt. 252) 469 at 479. Counsel further submitted that the
burden is on the party who tenders a document to prove its genuineness or
authenticity before the Court can rely on it. He cited Offodile v. Onejime
(2012) All FWLR (Pt. 608) 946 at 966; Ndidi v. State (2007) All FWLR
(Pt. 381) 1617 at 1650; Ani v. State (2009) All FWLR (Pt. 482) 1044 at
1064.
Counsel submitted further that Ex C alone is not enough to ground the
charge against the Appellant. Respondent's counsel argued that the Court
did not rely on only Exh B in reaching its judgment but Exh B & C and
that the failure of PW1 to remember the exact date she made Exh B cannot
render it a forged document nor can it vitiate any finding of the Court
based on the said Exh B. He cited Sele v. The State (1993) 1 SCNJ 15 at
22.
Counsel submitted that the trial judge held on Page 119 of the Record that
the statement of PW1 on 15/7/08 and 11/7/08 are enough to ground the
charge against Appellant.
Counsel submitted further that the contention of the Appellant that Exh C,
J and H do not have evidential value is borne out of the misconception of
facts. Counsel submitted that it was the petition of PW1 in May 2008 that
spurred PW4 and his team to set up a surveillance which eventually led to
the arrest of the Appellant. PW2 and PW5 only made their statements after
Appellant made his statement n 11/7/08.